[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 20 Reported in Senate (RS)]
<DOC>
Calendar No. 154
118th CONGRESS
1st Session
S. RES. 20
Condemning the coup that took place on February 1, 2021, in Burma and
the Burmese military's detention of civilian leaders, calling for an
immediate and unconditional release of all those detained, promoting
accountability and justice for those killed by the Burmese military,
and calling for those elected to serve in parliament to resume their
duties without impediment, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Cardin (for himself, Mr. Young, Mr. Merkley, Ms. Collins, Mr.
Kaine, Mr. Van Hollen, Mrs. Shaheen, Mrs. Gillibrand, and Mr. Padilla)
submitted the following resolution; which was referred to the Committee
on Foreign Relations
July 25, 2023
Reported by Mr. Menendez, with an amendment, and an amendment to the
preamble, and an amendment to the title
[Strike out all after the resolving clause and insert the part printed
in italic]
[Strike the preamble and insert the part printed in italic]
_______________________________________________________________________
RESOLUTION
Condemning the coup that took place on February 1, 2021, in Burma and
the Burmese military's detention of civilian leaders, calling for an
immediate and unconditional release of all those detained, promoting
accountability and justice for those killed by the Burmese military,
and calling for those elected to serve in parliament to resume their
duties without impediment, and for other purposes.
Whereas, on February 1, 2021, the Burmese military and its aligned Union
Solidarity and Development Party (USDP) conducted a coup against the
civilian government hours before Parliament was to convene in a new
session, resulting in the military junta illegally detaining State
Counsellor Aung San Suu Kyi, President Win Myint, and members of
Parliament, as well as pro-democracy activists from the 88 Generation
and other civil society leaders;
Whereas, since February 1, 2021, the Burmese military has detained more than
13,000 people for exercising their rights of freedom of speech and
assembly and killed more than 2,800 civilians, including children;
Whereas the Burmese military put the democratically elected civilian leadership
of Burma, including President Win Myint and State Counsellor Aung San
Suu Kyi, through sham trials for fabricated crimes and sentenced them to
lengthy prison terms in order to remove them from political competition;
Whereas Aung San Suu Kyi was sentenced to 33 years in prison for multiple
spurious charges;
Whereas the Burmese military has become the world's second largest detainer of
journalists, with over 100 journalists imprisoned since the coup;
Whereas the Burmese military's actions have driven hundreds of thousands from
their homes and driven thousands to flee across Burma's borders into
Thailand, India, and Bangladesh;
Whereas fighting between the Burmese military and several ethnic armed groups
continues, with government forces committing increasingly violent abuses
against ethnic Karen, Kayah, Kachin, Chin, Rakhine, Shan, and Rohingya
minority populations;
Whereas the Burmese military restricted freedom of movement, telecommunications,
and the media, limiting access to information to and from Burma during
the COVID-19 pandemic, which exacerbated the political crisis initiated
by the February 1, 2021 coup;
Whereas senior generals of the Burmese military have been sanctioned by the
United States Government for serious human rights abuses and for their
role in the coup and are subject to ongoing investigations into their
conduct by the International Criminal Court and the International Court
of Justice;
Whereas, on January 28, 2021, the Union Election Commission rejected allegations
by the Burmese military that fraud played a significant role in
determining the outcome of the November 2020 elections;
Whereas Burma's November 2020 elections resulted in the National League for
Democracy party securing enough seats in Parliament to form the next
government;
Whereas Burmese military general Min Aung Hlaing has announced his intentions
for Burmese parliamentary elections to be held by August 1, 2023;
Whereas, without full participation from relevant political forces in the
country, including civil society groups and opposition parties, and
without a robust presence of credible international observers, the
results of any parliamentary election run by the military regime will
not gain widespread acceptance, domestically or internationally;
Whereas, in July 2022, the Burmese military executed four male activists accused
of aiding insurgents to fight Burma's army following secret trials;
Whereas, in response to the Civil Disobedience Movement's opposition protests,
the Burmese military has used live fire, water cannons, and rubber
bullets against peace protestors;
Whereas, in December 2021, violent reprisals against peaceful protests resulted
in the torture and subsequent deaths of over 40 civilians in Sagaing;
Whereas the Burmese military has a long history of committing atrocities against
the people of Burma, including the targeting of specific ethnic groups;
Whereas, as of October 2022, over 943,000 stateless Rohingya refugees reside in
Ukhiya and Teknaf Upazilas, Bangladesh, the vast majority of whom live
in 34 extremely congested camps;
Whereas, on March 21, 2022, the United States Secretary of State formally
determined that members of the Burmese military committed genocide and
crimes against humanity against Rohingya in 2016 and 2017;
Whereas the Association of Southeast Asian Nations (ASEAN) and ASEAN member
states continue to play an important role in addressing the crisis in
Burma, including through the provision of humanitarian assistance in
Burma and by preventing junta leadership from participating in ASEAN
meetings, absent progress on the 5 Point Consensus;
Whereas United Nations Special Rapporteur on the Situation of Human Rights in
Myanmar Thomas H. Andrews and Special Envoy of the Secretary-General on
Myanmar Noeleen Heyzer continue to provide ongoing reporting and
analysis of the dire and deteriorating situation for the men, women, and
children of Burma, inside the country and as refugees, including through
presentations to the United Nations Human Rights Council and the United
Nations General Assembly, and through reports that document the
illegitimacy of the Burmese junta and urge member states to engage in
coordinated sanctions and weapon embargos against the junta;
Whereas the Independent Investigative Mechanism for Myanmar continues to
collect, consolidate, preserve, and analyze evidence of serious
international crimes and violations of international law committed in
Myanmar since 2011, and helps to facilitate and expedite fair and
independent criminal proceedings; and
Whereas, in December 2022, the United Nations Security Council adopted
Resolution 2669 on Burma, the first resolution on Burma since the
country was admitted as a member state in 1948, calling for the
immediate end to all forms of violence and urging restraint and the
release of all prisoners: Now, therefore, be it
Whereas, on February 1, 2021, Burma's military regime and its aligned Union
Solidarity and Development Party (USDP) conducted a coup against the
civilian government of Burma hours before Parliament was to convene in a
new session, resulting in the military junta illegally detaining State
Counsellor Aung San Suu Kyi, President Win Myint, and members of
Parliament, as well as pro-democracy activists from the 88 Generation
and other civil society leaders;
Whereas, since February 1, 2021, Burma's military regime has detained more than
13,000 people for exercising their rights of freedom of speech and
assembly and killed more than 2,800 civilians, including children;
Whereas Burma's military regime put the democratically elected civilian
leadership of Burma, including President Win Myint and State Counsellor
Aung San Suu Kyi, through sham trials for fabricated crimes and
sentenced them to lengthy prison terms in order to remove them from
political competition;
Whereas, in March 2023, Burma's military regime-controlled Union Election
Commission abolished 40 political parties on legally spurious grounds,
including the National League for Democracy;
Whereas Burma's military regime has become one of the world's largest detainer
of journalists, with over 100 journalists imprisoned since the coup;
Whereas the actions of Burma's military regime have driven hundreds of thousands
from their homes and driven thousands to flee across Burma's borders
into Thailand, India, and Bangladesh;
Whereas fighting between Burma's military regime and several ethnic armed groups
continues, with government forces committing increasingly violent abuses
against ethnic Karen, Kayah, Kachin, Chin, Rakhine, Shan, and Rohingya
minority populations;
Whereas senior generals of Burma's military regime have been sanctioned by the
United States Government for serious human rights abuses and for their
role in the coup;
Whereas cases of Burma's military regime and individual members of the security
forces responsible for atrocities are being investigated and adjudicated
in ongoing judicial processes, including at the International Criminal
Court and the International Court of Justice;
Whereas, in December 2021, violent reprisals against peaceful protests resulted
in the torture and subsequent deaths of over 40 civilians in Sagaing;
Whereas Burma's military regime has a long history of committing atrocities
against people across Burma, including the targeting of specific ethnic
groups;
Whereas, on March 21, 2022, the United States Secretary of State announced his
determination that members of Burma's military regime committed genocide
and crimes against humanity against Rohingya; and
Whereas the governments of the People's Republic of China and the Russian
Federation have taken advantage of the coup to extend their own security
interests and commercial priorities, neither of which are in the
interest of the people of Burma, the United States, or the military and
economic interests of the United States in the Indo-Pacific: Now,
therefore, be it
Resolved, That the Senate--
<DELETED> (1) supports the people of Burma in their quest
for democracy, sustainable peace, and genuine ethnic and
religious reconciliation, and the realization of
internationally recognized human rights for all, including for
ethnic and religious groups whose human rights have been
violated repeatedly and who have been disenfranchised
historically;</DELETED>
<DELETED> (2) calls on the Burmese military to--</DELETED>
<DELETED> (A) immediately and unconditionally
release all political prisoners detained as a result of
the coup on February 1, 2021;</DELETED>
<DELETED> (B) immediately restore all forms of
communication, including access to the internet without
surveillance;</DELETED>
<DELETED> (C) immediately end the use of violence
and allow for a legal process for accountability and
justice for those unlawfully detained, injured, and
killed by the Burmese military;</DELETED>
<DELETED> (D) remove all impediments to free travel
that have been imposed as a result of the
coup;</DELETED>
<DELETED> (E) return to power all members of the
civilian government elected in the November 8, 2020,
elections and allow them to fulfill their mandate
without impediment;</DELETED>
<DELETED> (F) allow for freedom of expression,
including the right to protest, peaceful assembly,
press freedom, and freedom of movement; and</DELETED>
<DELETED> (G) allow unfettered reporting from local,
national, and international media;</DELETED>
<DELETED> (3) calls on social media companies to suspend the
accounts of the Union Solidarity and Development Party and the
Burmese military that have used their platforms to spread
disinformation, fear, and threats of violence;</DELETED>
<DELETED> (4) supports the use of all diplomatic, economic,
and development tools to ensure that vulnerable groups,
including ethnic and religious groups, as well as all children,
youth, and teachers in educational settings are safe, and
schools and universities are not targeted for attacks or use by
the Burmese military;</DELETED>
<DELETED> (5) expresses grave concern for the safety and
security of the more than 1,000,000 internally displaced
persons (referred to in this resolution as ``IDPs'') and
refugees who have been displaced by the Burmese military and
now face challenging conditions in camps;</DELETED>
<DELETED> (6) expresses grave concern for the 17,600,000
people of Burma who are in need of humanitarian aid, including
the 1,500,000 IDPs in Burma, of which some 165,000 remain in
the southeast, adding to those already displaced in Rakhine,
Chin, Shan, and Kachin states;</DELETED>
<DELETED> (7) appreciates the generosity of Burma's
neighboring countries, including Thailand, India, and
Bangladesh, and encourages them to meaningfully assist refugees
who have fled and continue to flee the Burmese military,
including through the delivery of cross-border humanitarian
assistance and with recognition of the protracted nature of the
conflict; and</DELETED>
<DELETED> (8) calls on the President, the Secretary of
State, and the Secretary of Defense to fully implement section
7008 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021 (division K of Public
Law 116-260), the BURMA Act of 2022 (subtitle E of title LV of
division E of Public Law 117-263), and any similar or successor
law governing United States foreign assistance following a
coup, and to immediately--</DELETED>
<DELETED> (A) impose targeted restrictions aimed at
the Burmese military, military-owned or controlled
enterprises, and those responsible for the February 1,
2021, coup;</DELETED>
<DELETED> (B) work with the international community,
including at the United Nations Security Council, with
United States allies in the region, and with the
Association of Southeast Asian Nations, to condemn the
coup, delegitimize the junta and any military-run
elections announced by the junta, and take steps to
ensure that international economic engagement in Burma
does not contribute to human rights abuses or benefit
individuals connected to the coup;</DELETED>
<DELETED> (C) support conditionality on diplomatic,
economic, and security relations with Burma, including
using the voice and vote of the United States at
multilateral development institutions, until all those
detained in the February 1, 2021, coup are released and
there has been a full restoration of the civilian-
controlled parliament reflecting the November 8, 2020,
election results;</DELETED>
<DELETED> (D) utilize the United States Government's
position on the United Nations Security Council to
bring about greater international cooperation in the
pursuit of justice and accountability in
Burma;</DELETED>
<DELETED> (E) empower and provide assistance to the
National Unity Government of the Republic of the Union
of Myanmar, the National Unity Consultative Council,
the Civil Disobedience Movement in Myanmar, and other
entities promoting democracy in Burma through
nonviolent efforts, including channeling aid through
local civil society organizations along the Thai and
Indian borders that are not controlled by the junta,
while simultaneously denying legitimacy and resources
to the junta;</DELETED>
<DELETED> (F) promote national reconciliation among
the diverse ethnic and religious groups in
Burma;</DELETED>
<DELETED> (G) counter support to the junta by the
People's Republic of China and the Russian Federation
and other supporters of the military regime;
and</DELETED>
<DELETED> (H) secure the restoration of democracy,
the establishment of an inclusive and representative
civilian government and a reformed military reflecting
the diversity of Burma and under civilian control, and
the enactment of constitutional, political, and
economic reform in Burma.</DELETED>
That the Senate--
(1) supports the people of Burma in their quest for
democracy, sustainable peace, and genuine ethnic and religious
reconciliation, including for members of ethnic and religious
groups whose human rights have been violated repeatedly and who
have been disenfranchised historically;
(2) calls on Burma's military regime to--
(A) immediately and unconditionally release all
political prisoners detained as a result of the coup on
February 1, 2021;
(B) immediately restore all forms of communication,
including access to the internet without surveillance;
(C) immediately end the use of violence and allow
for a legal process for accountability and justice for
those unlawfully detained, injured, and killed by
Burma's military regime;
(D) remove all impediments to free travel that have
been imposed as a result of the coup;
(E) return to power all members of the civilian
government elected in the November 8, 2020 elections
and allow them to fulfill their mandate without
impediment;
(F) allow for the exercise of freedoms of
expression, including with respect to press freedoms
and the freedom of peaceful assembly, and freedom of
movement; and
(G) allow unfettered reporting from local,
national, and international media;
(3) calls on social media companies to take action with
respect to the accounts of the Union Solidarity and Development
Party and Burma's military regime that have used their
platforms to spread disinformation, fear, and threats of
violence;
(4) supports the use of all diplomatic, economic, and
development tools to ensure that vulnerable groups, including
ethnic and religious groups, as well as all children, youth,
and teachers in educational settings are safe, and schools and
universities are not targeted for attacks or use by the
military regime;
(5) expresses grave concern for the safety and security of
the more than 1,000,000 internally displaced persons (referred
to in this resolution as ``IDPs'') and refugees who have been
displaced by Burma's military regime and now face challenging
conditions in camps or makeshift communities disconnected from
humanitarian routes and access;
(6) expresses grave concern for the 17,600,000 people of
Burma who are in need of humanitarian aid, including the
1,500,000 IDPs in Burma, of which some 165,000 remain in the
southeast, adding to those already displaced in Rakhine, Chin,
Shan, and Kachin states;
(7) appreciates the generosity of Burma's neighboring
countries, including Thailand, India, and Bangladesh, and
encourages them to meaningfully assist refugees who have fled
and continue to flee Burma's military regime, including through
the delivery of cross-border humanitarian assistance and with
recognition of the protracted nature of the conflict;
(8) encourages the Association of Southeast Asian Nations
(ASEAN) and ASEAN member states to take a more active role
asserting the unacceptable nature of the junta's coup and
continued oppression of the people of Burma, including, if
necessary, reconsidering their commercial relations with the
junta and state-owned or -controlled enterprises in Burma,
especially where commercial and business arrangements serve as
obstacles to action by ASEAN member states; and
(9) calls on the President, the Secretary of State, and the
Secretary of Defense to fully implement the BURMA Act of 2022
(subtitle E of title LV of division E of Public Law 117-263),
and any similar or successor law or other law addressing United
States foreign assistance following a coup, and to
immediately--
(A) impose targeted restrictions aimed at the
military regime, military-owned or -controlled
enterprises, and those responsible for the February 1,
2021 coup;
(B) prioritize in bilateral and multilateral
diplomacy, including at the United Nations, with United
States' allies in the region, and with ASEAN, the
condemnation of the coup and its international enablers
and delegitimization of the junta and any military-run
elections announced by the junta;
(C) take steps to ensure that international
economic engagement in Burma does not contribute to
human rights abuses or benefit individuals connected to
the coup;
(D) support conditionality on diplomatic, economic,
and security relations with Burma, including using the
voice and vote of the United States at multilateral
development institutions, until all those wrongfully
detained in the February 1, 2021 coup are released and
there has been a full restoration of the civilian-
controlled parliament;
(E) use the voice and vote of the United States on
the United Nations Security Council and in other
multilateral and bilateral fora to bring about greater
international cooperation and support for the pursuit
of justice and accountability in Burma;
(F) empower and provide assistance to the National
Unity Government of the Republic of the Union of
Myanmar, the National Unity Consultative Council, the
Civil Disobedience Movement in Myanmar, and other
entities promoting democracy in Burma, including the
provision of non-lethal assistance, including to Ethnic
Armed Organizations and People's Defense Forces,
consistent with the BURMA Act (subtitle E of title LV
of division E of Public Law 117-263) and channeling aid
through local civil society organizations along the
Thai and Indian borders that are not controlled by the
junta, while simultaneously denying legitimacy and
resources to the junta;
(G) promote national reconciliation among the
diverse ethnic and religious groups in Burma;
(H) counter moral and material support to the junta
by the People's Republic of China and the Russian
Federation and other supporters of the military regime,
including through the voice and vote of the United
States at the United Nations Security Council and other
multilateral fora; and
(I) secure the restoration of democracy, the
establishment of an inclusive and representative
civilian government and a reformed military reflecting
the diversity of Burma and under civilian control, and
the enactment of constitutional, political, and
economic reform in Burma.
Amend the title so as to read: ``A resolution condemning
the coup that took place on February 1, 2021, in Burma and the
military regime's detention of civilian leaders, calling for an
immediate and unconditional release of all those detained,
promoting accountability and justice for those killed by the
military regime, and calling for those elected to serve in
parliament to resume their duties without impediment, and for
other purposes.''.
Calendar No. 154
118th CONGRESS
1st Session
S. RES. 20
_______________________________________________________________________
RESOLUTION
Condemning the coup that took place on February 1, 2021, in Burma and
the Burmese military's detention of civilian leaders, calling for an
immediate and unconditional release of all those detained, promoting
accountability and justice for those killed by the Burmese military,
and calling for those elected to serve in parliament to resume their
duties without impediment, and for other purposes.
_______________________________________________________________________
July 25, 2023
Reported with an amendment, and an amendment to the preamble, and an
amendment to the title